Nancy Bannon’s Rules: E-Filing, Motions, and AI Certification

Justice Nancy M. Bannon’s part rules govern practice in Part 61 of the New York State Supreme Court, Commercial Division, at 60 Centre Street, Room 232, in Manhattan. The rules incorporate the statewide Commercial Division Rules (22 NYCRR 202.70 et seq.) by reference and then layer on stricter local requirements covering communication with chambers, e-filing format, use of generative artificial intelligence, motion practice, discovery conferencing, trial preparation, and adjournments. They were last updated in April 2026, and where a Part 61 rule imposes a specific procedure, that procedure controls.¹

How to Communicate With Chambers

Do not call chambers. Ex parte communications are strictly prohibited, and routine questions about scheduling or appearances must go through the Part Clerk at SFC-Part61-Clerk@nycourts.gov or by phone. Direct calls to chambers are reserved for genuine emergencies or situations where the court has specifically told counsel to call.²

Letters and emails to the court are limited to narrow procedural matters such as scheduling and settlement notifications. They cannot substitute for a formal filing on the merits.¹

E-Filing Format

All cases must be e-filed through NYSCEF. The only exception is pro se litigants not licensed to practice in New York. Hard copies are prohibited unless the court specifically requests them.¹

Two formatting requirements catch out-of-part counsel most often. Every document must be OCR text-searchable. And every filing must have its own NYSCEF document number; bundling a brief, affirmation, and exhibits into one PDF is not acceptable. Parties also need to keep their NYSCEF contact information current and monitor eCourts for scheduled appearances.¹

The AI Certification Requirement

Bannon’s rules on generative artificial intelligence go further than many judges’. Every submission connected to a motion, hearing, or trial must include a certification by the attorney or self-represented party. The certification must state one of two things: that no generative AI was used in preparing the submission, or that AI was used and all resulting text, including citations, quotations, and legal analysis, was reviewed for accuracy and approved by an attorney or the pro se party.¹

If AI was used, the certification must name the specific program and identify which documents, and which portions of those documents, were drafted with AI assistance. A generic acknowledgment will not satisfy the rule.¹

For remote proceedings the rule is a flat prohibition. No AI program may be used during a remote oral argument, conference, or other court appearance, and at the start of every remote appearance attendees must confirm on the record that no AI program is in use. Violations of either the certification requirement or the remote-use ban can result in sanctions.¹

Motion Practice

Every motion paper must display its motion sequence number in the upper right-hand corner of the first page. A memorandum of law must accompany every motion. The sole exception is a pro hac vice application. Attorney affidavits and affirmations are limited to facts and may not contain legal argument, which belongs in the memo.¹

Briefs follow the Commercial Division Rule 17 word limits: 7,000 words for opening and opposition papers, 4,200 words for replies. Exhibits must be OCR-searchable and filed as separate NYSCEF documents, not combined into a single PDF. All citations must be pinpoint citations to the exact page.¹

Summary judgment motions must be filed within 60 days of the note of issue and must include a statement of material facts in numbered paragraphs consistent with Commercial Division Rule 19-a. Filing a dispositive motion does not automatically stay discovery; a stay requires a court order.¹

Orders to Show Cause are reserved for genuine urgency, applications for stays, and situations where a statute or court leave requires them. Responsive papers to an OSC must be filed at least four days before the return date. Any request for sealing must also be brought by OSC, and any proposed redactions must be narrowly tailored.¹

Discovery Disputes and Conferences

Discovery motions are, in the rules’ own word, “strongly discouraged.” Before any discovery motion may be filed, counsel must complete a two-step process. First, the parties must make a good-faith effort to resolve the dispute through direct consultation, whether in person, by phone, or virtually. If that fails, counsel must email the Part Clerk to request a discovery conference with Bannon or one of her law clerks. A discovery motion filed before the court has conferenced the case will be denied automatically.¹

When a discovery motion is permitted, the affirmation of good faith must go beyond boilerplate. It must detail the time, place, and nature of the consultation between the parties, identify the specific issues discussed, and state which member of the court held the discovery conference and when it occurred.¹

Discovery conferences are generally held remotely on Thursdays between 10 a.m. and 1 p.m. Ahead of each conference, the parties must jointly prepare and e-file a proposed conference order by 9 a.m. on the morning of the appearance. The proposed order must identify outstanding discovery and explain any non-compliance with prior court orders. Court-ordered discovery deadlines are strictly enforced, and the parties may not stipulate among themselves to extend them.¹

At every preliminary, compliance, or status conference, counsel must submit a statement certifying that they have discussed alternative dispute resolution with their client, consistent with Commercial Division Rule 10. Initial disclosures under Commercial Division Rule 11-h must be served within 14 days of the pre-conference consultation between the parties.¹

Trial Preparation and Conduct

Trial dates in Part 61 are treated as firm. Adjournments are granted only in emergencies, and the unavailability of a witness is generally not sufficient grounds to postpone.¹

At least 14 days before the first pre-trial conference, the parties must email the Part Clerk a package that includes marked pleadings, bills of particulars, prior decisions in the case, a Joint Statement of Stipulated Facts, a Rule 26 estimated trial schedule, and identification of fact witnesses versus expert witnesses.¹

For jury trials, four alternate jurors must be selected unless the court orders otherwise. Proposed jury verdict sheets and jury instructions must be submitted in Word format at least 14 days before the pre-trial conference. Counsel should arrange for the court stenographer to pre-mark exhibits, and all exhibits must be retrieved from the courtroom within 30 days after trial. Bannon also encourages senior trial counsel to assign junior co-counsel to argue motions in limine and examine witnesses.¹

Adjournment Requests

Any request to adjourn a conference, oral argument, or other scheduled appearance requires advance written approval from the court. The request must be emailed to the Part Clerk at least two business days before the scheduled date. It must state the reason for the request and whether all parties consent. If the request is on consent, a stipulation in Word format must be attached to the email.¹

1
New York State Unified Court System. Part 61 Rules, Hon. Nancy M. Bannon
2
New York State Unified Court System. Judicial Assignments and Locations